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Suggestion & Discussion: Self Disclosure Exemption

Discussion in 'Empty Closets Help and Feedback' started by Bryan90, May 24, 2010.

  1. Bryan90

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    Under Code of Conduct, Member Conduct, Paragraph 11.1 (first bullet point) it mentions that we should refrain from posting our own personal information on public spaces.

    Pertaining to the above rule, I would like to propose a call for discussion on the possibility of exemption of this rule to those who want to disclose personal information. The exemption would amend the rule whereby it does not restrict the disclosure of personal information but rather provide strict warnings relating to privacy on the disclosure of personal information.

    For:
    1. Provides the freedom to disclose to individuals who are willing to share information. Although individuals can disclose personal information through private messaging, the exemption would allow information to be disclosed to those who opt not to private message for any particular reason.

    2. The benefits attained from (1) include, but are not limited to, A. Individuals, who wish to, would have a higher chance of forming acquaintances & B. Individuals would be able to disclose information of value to other members. (i.e. Contact information of an individual who is seeking interested individuals to attend a Pride Parade)

    Against:
    1. EC (or rather the company) has the risk of being held liable for damages caused by false information. [EC can however reduce the risk by disclaiming that individual members do not act as agents of EC and hence members should act with discretion when relying on information posted by other individuals.]

    I hope a good discussion can result which would improve our understanding of what is best for the forum. :icon_bigg
     
  2. Mirko

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    Hi there! The rule of posting personal information on any public parts of the forum is there for a very good reason. Posting your personal information including your contact information could potentially allow anyone who comes across the site to contact you. The security rules surrounding personal (including private contact) information have been introduced after a serious incident where an attempt at an inappropriate contact was made.

    Given the nature of Empty Closets, and given the fact that in order for EC to survive and be able to continue to offer what it is offering and provide a safe place for all members, having the exemptions that you have proposed would place that at risk. If something happens off line, EC could be shut down.

    The security arraignments in place including being able to exchange personal/private and contact info only through PMs and making sure that everyone follows the rules as set out in the box containing the Red Text, is in the best interest of EC.

    Thank you for understanding!
     
  3. Spectre

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    The problem with posting personal information in a public forum is just that - it's public. There is nothing stopping cyber creeps from wandering in here and tracking down someone. It's more an issue of safety over liability.

    That being said, there is quite a lot of information already provided that could potentially be used for "inappropriate contact." IE, people living in small towns and posting their names and the town they live in, along with their own pictures.

    I think the system in place now is probably the best balance of too much vs not enough. Also, there comes a point where individuals have to take responsibility for their own personal information.
     
  4. Jiggles

    Jiggles Guest

    Really i think it just all need to be put in layman's terms. This is what can be done, this is what can't be done. So theres no confusion when reading all those rules!
     
  5. Martin

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    Tra daaaaa! :stuck_out_tongue_closed_eyes:

    Anyways, it's fairly late here and my mind is drained after the long day I have had. I'll try and address any points tomorrow assuming other staff peeps don't cover everything. :slight_smile:
     
  6. Chip

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    I'll add to what Mirko has said.

    One of the things that makes EC the community it is has to do with the uniqueness of our security measures. People can feel safe here because they know that it is a community that works hard to maintain a safe space on the otherwise-not-very-safe internet. Because the current rules are consistent and rigidly enforced, everyone understands the expectations, and it also helps us to have a self-enforcing community, in that when someone behaves inappropriately, generally the staff is made aware very quickly, which further helps to keep the community safe.

    If we were to alter the safety and security requirements such as you're suggesting, it would not only affect the overall sense of safety and security on the site, but would create a difficult situation to determine which sort of public disclosures are appropriate and which are not.

    Additionally, because this is a community with a number of members who are 13, 14, 15, we choose to take extra precautions to try and ensure the safety of those people from online predators and other unhealthy interactions.

    Finally, the liability issue is really where the dealbreaker is. It would not be adequate to simply disclaim liability; this issue has been extensively discussed and vetted by EC's legal counsel. So what is currently in place is the best compromise we've been able to establish between safety and providing for a community where people can interact freely. There are plenty of other gay teen communities out there that don't have the restrictions that EC has... but if you've spent any time on them, I think you will understand why EC does have the rules it has.
     
  7. Bryan90

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    This is so interesting! I wish I knew more about Tort Law & Internet related law!

    Just out of curiosity, EC is a website owned by a private corporation right? And do you know if the admins act as "servant" or "agents" for the corporation, or are they more "independent"?
     
  8. pirateninja

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    Unfortunately, it's either we have the site with the no public sharing of contact information, or no EC at all. It's a legal requirement to keep EC here at all. That's all there is to it.
     
  9. Chip

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    It's a lot more complex than that. There are a lot of different potential areas of liability, and the biggest issue is the difference between theoretical liability (what the law says) vs practical liability (whether someone files a lawsuit, regardless of whether or not they'd prevail at trial, and having to pay to defend that lawsuit). If you've never actually been sued, you have no concept of the time, hassle, and in particular the EXPENSE of defending even a completely frivilous lawsuit. It can easily be in the tens of thousands of dollars, and that's before ever getting to trial.

    In short, this is not an issue that's open for discussion. As Pirateninja said, the rules are in place and have been vetted by the legal counsel for EC's owners. Even if EC were to become a separate entity (which may happen at some point), the practical liability issues would still be there, and it is not a risk that anyone is willing to take to open up the site or the organization to liability by taking the sort of risks that we'd be taking.

    As I said before, there are plenty of other communities that don't have the restrictions that EC has. I like to think that the restrictions in place actually provide the protections and create the safety that we have (and, for that matter, tend to attract the quality of people we have here) and I don't think anyone on the staff nor among the owners have any interest in changing that, or even discussing it.
     
    #9 Chip, May 24, 2010
    Last edited: May 24, 2010
  10. Gin Uh Fur

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    just thought id ask...is sharing like my facebook and stuff still ok in PMs and whatnot? i dont do it often anymore since im not that active here but i was just wondering.

    ps i like our rules. keeps the weird people from finding me :]
     
  11. Mirko

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    Yes. You can share your private contact info through PMs. :slight_smile:
     
  12. Sylver

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    This is the heart of it for me. I wouldn't have joined EC if it weren't for the safety aspects which were obvious from the start. And compared to other LGBT forums, yes, these policies do seem to attract caring and compassionate people who are interested in helping others as opposed to trolling or worse... It's not hard to see that many people arrive at this site in a vulnerable state, and it wouldn't be too hard for a person with bad intentions to take advantage of them were it not for these rules. You change the rules, you change EC...
     
  13. Ben

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    Private Messages (including chat PMs) are the only places to share certain information about yourself.

    All these rules and the full member system can be annoying for everyone, but it's all worthwhile if a safe place for safe discussions can be provided for the most vulnerable people. Because it's very rare to find a sexuality forum on the internet where people with bad intentions would not find it easy to thrive, especially ones with a large teenage population.
     
  14. Austin

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    Why is nowhere else on the internet liable it seems? You don't hear of facebook, myspace, msn, aim, getting sued all the time? Or other forums. You can't control what members do. Just curious.

    Also what could EC be sued for? Even with the way it used to be?

    I've yet to actually understand.
     
  15. Mirko

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    Maybe this thread will help in answering your questions.

    Everyone on the internet can carry some liability including the sites that you have listed as examples. Sites, such as fb, and Myspace can actually control what members do in that they can close your account or restrict your access should they find that your conduct and/or usage of the site is contrary to their expectations/visions/missions for the usage.

    Chip already touched on the liability issue as well in posts 6 and 9. :slight_smile:
     
  16. Chip

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    Actually, they do get sued, all the time.

    In fact, Myspace was sued by a collection of about a dozen state Attorneys General a few years back after they were found to have about a bazillion registered sex offenders on their site, a few months after claiming they were doing something about it and then doing nothing. This came to light after an enterprising teen spent a few hours checking a small group of people that looked suspicious and finding a couple dozen registered sex offenders. This after Myspace claimed they had no technology to do this. Facebook has been sued multiple times, most recently in connection with the kid who committed suicide after being cyberharrassed, it turned out, by the mother of one of her former friends.

    MSN and AIM are different in that they are simply transmission networks and exert no control over who can register or communicate.

    Part of the issue is, as I mentioned above, the cost of litigation. Facebook and Myspace and MSN and so forth have gigantic budgets and a bevy of lawyers on retainer because it's a cost of doing business. EC has no income and no money to defend any such actions. EC's owner has been incredibly generous in paying for everything we do have in terms of bandwidth, technical services and support, but that generosity doesn't extend to being willing to cover huge legal fees to defend any lawsuits that we might get stuck with.

    These days, people sue at the drop of a hat. Doesn't mean they'll win, but, for example, parents could sue for any of a thousand reasons if they find their kids online here and are homophobic assholes. Parents of a teen who meets up with a predator and is found to have been posting here could sue, claiming we failed to take adequate safety precautions to prevent that from happening. And the cost and hassle of defending them is, as I said above, exhorbitant both monetariy and emotionally.
     
  17. joeyconnick

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    I should start by stating I'm not challenging the restrictions--I understand they won't be changed. But I did want to point out some things.

    That makes it sound like there is some *law* that makes it necessary for EC to have the policies it does, which is not the case. It's not like some law changed in June 2008 and it became illegal for EC to operate the way it used to operate. What happened is there was "an incident" which brought the issue of liability to the forefront and EC's owners decided they were unwilling to continue having the site operated the way it had been operated, hence the requirement of the restrictions. I just wanted to make it clear that this was a choice on the part of the owners to reduce their potential liability, not something they were required to do by law.

    Yes, liability is exactly what it is about, which brings us to:

    Except that, as someone who was here long before the current restrictions were in place (I think I'm member #96 or something), I can tell you that EC did not magically become a better place once the restrictions came into force. What attracted people to EC "back in the day"--and, I would argue, what attracts people to it still--is moderation, not some artificial and pretty easily circumvented (if you were really invested) privacy restrictions. The moderation creates a regulated space where people feel safe and comfortable, and it did that without privacy restrictions for a number of years. Quality people were attracted to EC because it was a community which had a mission and people who devoted time and energy to maintaining a supportive atmosphere.

    Probably not, inasmuch as things would just go back to the way they were before. EC is not EC because of the privacy restrictions, because EC was EC for years without them. It's a rewrite of the site's history to predict problems with the removal of the restrictions when we have a few years of proof that the site was viable without them. The way you describe how things would likely progress if the restrictions were removed (and again, I get it--they're not going to be) make it sound like EC would become just like most other Internet social spaces... except what led to the "incident" is that EC got to be what it is--a popular site for young people questioning their sexuality and gender identity--and it got there without the restrictions that now exist. So I'm confused as to how the restrictions "make" EC what it is. The restrictions exist precisely because EC got super-popular... but it got that popular totally without the restrictions.

    The only thing that would degrade EC in the sense you're talking about would be if the site stopped being moderated.

    And what's highly ironic about the above is that it's exactly true--which is to say that EC's privacy restrictions are hardly going to stop some unreasonable parent or other "concerned party" from suing the site if they're determined to sue it. Because someone on EC could get in touch with someone else online and maybe they're not a "predator" in the commonly-portrayed media sense of the notion but some situation goes badly for a variety of reasons and the parents or authorities find out that the parties "connected" on EC and *bam* lawsuit. And like you said, the people suing may not (and hopefully would not) ever get close to winning... but there would still be the cost of the defence.

    I mean, it's all very well and good that EC makes an attempt to make the environment more secure but at the end of the day, people can PM one another and share personal contact info, and "something bad" could still happen as a result of meeting someone here.

    But the risk of the cost of having to defend against lawsuits is there regardless of whether EC has the privacy restrictions or not. Having the restrictions is something to point to as a way of saying "hey we were trying" but it's doubtful an angry parent or authority figure is going to hear that and say, "Oh I'm sorry--I was so mistaken! I can see you attempted to make things better so I'll stop being unreasonable now." Unreasonable people don't usually recognize things like good faith efforts. If they did, they wouldn't be unreasonable and sue in the first place.

    And the real kicker is that the incident with the adult member talking to younger members in an inappropriate way involved an adult member who I am pretty sure would have been made a full member long before the questionable behaviour started--because there wasn't really any indication beforehand that he was, for lack of a better term, off. He was relatively established before the problems started. So what I'm getting at is that EC's privacy restrictions are a lot like locking your doors and windows--it might prevent casual, unplanned intrusions into your home but if someone really wants to get in, they're gonna find a way in. And if everything people say about child molesters is true--that they are very wily and willing to spend a lot of time manipulating young people--then it's entirely possible one or more of them could get themselves full membership here and THEN start with the inappropriate communication. And the only way to "protect" people in that case is to educate them and teach them to think critically and make good judgments.

    In that sense, it's a lot like sex. You can tell people not to do it until you're blue in the face but the most effective way to protect people is to help them figure out how to make good choices.

    So it would be good to recognize that EC is not awesome and wondrous because of the privacy restrictions. EC is awesome and wondrous because it has always been maintained by a group of caring and devoted people--mods and non-mods alike. The restrictions in place are an unfortunate by-product of an overly litigious society that is completely paranoid about child safety and youth sexuality, and they're not the reason the site is so popular. If the restrictions were essential to EC's status as a great online space, then "the incident" that was the trigger for putting the restrictions in place would never have happened because EC would never have attracted enough people to make it a good target for the type of nastiness that ensued.
     
  18. Chip

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    Once again, Joey, I disagree with you, and I think a lot of other people here do as well. The very fact that the community *is* so restrictive as far as communication is what makes it safe(r), and that safety, in turn, attracts people and provides a sense of support and safety.

    Yes, I'm sure it was a lovely and safe community in the early days, when it had a tiny number of members and had not yet had any security incidents, but for a community of its current size (and growth), it is most definitely the combination of the safety and security policies, the involvement of the members in reporting potential policy violations, and the mutual understanding among those who are here that make it what it is. Without the restrictions in place (and even with the moderation and community involvement that goes on) I can assure you that the quality of the community, at it's current size, would quickly change, and not in a positive way.

    And... you really have no idea what goes on "behind the curtain" so to speak, to ensure that the community *does* remain safe and ensure that the sense of community is maintained, nor have you been privy to any of the discussions about liability and practical liability, the relative risks, the weighing of various factors, and how each of the decisions were made (and are discussed and reevaluated from time to time) regarding EC's safety and security policy.

    So you really are in no position to make any informed comments about what the community would be like without the current set of policies and rules that are in place, or what risks the owners would face under what circumstances,

    But since you're never, ever wrong about anything, my disagreeing with you is unlikely to change your opinion.
     
  19. TriBi

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    I'd also like to make another point. This site has no advertising, no income. It does have outgoings in terms of operation, optimisation, etc. It is, quite literally, run as a 'public service' by the owners because they believe in what it does and what it stands for.

    I doubt whether anyone else here would fail to understand why they would wish to do the best they can to protect he users of this site, the people who monitor its operation for them - and, quite obviously, their own interests by requiring security precautions to attempt to achieve all of the above.

    Bear in mind that what we have now is very much a compromise. After the incident that gave rise to the need for serious scrutiny of the security here - the legal advice was to completely remove ALL possibility of contact which was not totally public. That was - NO Chatroom, NO Personal Message system - nothing but a Forum. It was only after a good deal of negotiation that we achieved what we now have - and that was only possible because the owners decided they had (and still have) sufficient confidence in the volunteers who look after the site to step back a little from the advice of their legal counsel.

    Oh - and while you make the point that "You can tell people not to do it until you're blue in the face but the most effective way to protect people is to help them figure out how to make good choices" - I have to say...do you honestly think this site has any emphasis other than that?